REGULATIONS

Vol. 27 Iss. 11 - January 31, 2011

REGISTRAR'S NOTICE: The following regulation filed by the State Air Pollution Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Air Pollution Control Board pursuant to Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1, if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01, (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03, and (iv) conducts at least one public hearing on the proposed general permit.

Basis: Section 10.1-1308 of the Virginia Air Pollution Control Law (§ 10.1-1300 et seq. of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health and welfare. Section 10.1-1307.02 B of the Virginia Air Pollution Control Law establishes the requirement to develop a general permit for the construction or modification and operation of emergency generation sources during independent service operator (ISO) declared emergencies.

Federal Requirements: Section 110(a) of the Clean Air Act (CAA) mandates that each state adopt and submit to the Environmental Protection Agency (EPA) a plan that provides for the implementation, maintenance, and enforcement of each primary and secondary air quality standard within each air quality control region in the state. The state implementation plan shall be adopted only after reasonable public notice is given and public hearings are held. The plan shall include provisions to accomplish, among other tasks, the following:

1. Establish enforceable emission limitations and other control measures as necessary to comply with the provisions of the CAA, including economic incentives such as fees, marketable permits, and auctions of emissions rights;

2. Establish a program for the enforcement of the emission limitations and schedules for compliance; and

3. Establish programs for the regulation and permitting of the modification and construction of any stationary source within the areas covered by the plan to assure the achievement of the ambient air quality standards.

40 CFR Part 51 sets out requirements for the preparation, adoption, and submittal of state implementation plans. These requirements mandate that any such plan shall include several provisions as summarized below.

Subpart G (Control Strategy) specifies the description of emissions reductions estimates sufficient to attain and maintain the standards, the description of control measures and schedules for implementation, time periods for demonstrations of the control strategy's adequacy, an emissions inventory, an air quality data summary, data availability, special requirements for lead emissions, stack height provisions, and intermittent control systems.

Subpart I (Review of New Sources and Modifications) specifies legally enforceable procedures, public availability of information on sources, identification of responsible agency, and administrative procedures.

Section 51.160 of Subpart I specifies that the plan must stipulate legally enforceable procedures that enable the permitting agency to determine whether the construction or modification of a facility, building, structure or installation, or combination of these will result in either a violation of any part of a control strategy or interference with attainment or maintenance of a national standard and, if such violation or interference would occur, the means by which the construction or modification can be prevented. The procedures must identify types and sizes of facilities, buildings, structures or installations which will be subject to review and discuss the basis for determining which facilities will be subject to review. The procedures must provide that owners of facilities, buildings, structures or installations must submit information on the nature and amounts of emissions and on the location, construction and operation of the facility. The procedures must ensure that owners comply with applicable control strategies after permit approval. The procedures must discuss air quality data and modeling requirements on which applications must be based.

Section 51.161 of Subpart I specifies that the permitting agency must provide opportunity for public comment on information submitted by owners and on the agency's analysis of the effect of construction or modification on ambient air quality, including the agency's proposed approval or disapproval. Section 51.161 also specifies the minimum requirements for public notice and comment on this information.

Section 51.162 of Subpart I specifies that the responsible agency must be identified in the plan.

Section 51.163 of Subpart I specifies that the plan must include administrative procedures to be followed in determining whether the construction or modification of a facility, building, structure or installation will violate applicable control strategies or interfere with the attainment or maintenance of a national standard.

Subpart L (Legal Authority) specifies identification of legal authority to implement plans and assignment of legal authority to local agencies.

Section 51.230 of Subpart L specifies that each state implementation plan must show that the state has the legal authority to carry out the plan, including the authority to perform the following actions:

1. Adopt emission standards and limitations and any other measures necessary for the attainment and maintenance of the national ambient air quality standards;

3. Obtain information necessary to determine whether air pollution sources are in compliance with applicable laws, regulations, and standards, including authority to require recordkeeping and to make inspections and conduct tests of air pollution sources; and

4. Prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which directly or indirectly results or may result in emissions of any air pollutant at any location which will prevent the attainment or maintenance of a national standard.

Section 51.231 of Subpart L requires the identification of legal authority as follows:

1. The provisions of law or regulation which the state determines provide the authorities required under 51.231 must be specifically identified, and copies of such laws or regulations must be submitted with the plan; and

2. The plan must show that the legal authorities specified in Subpart L are available to the state at the time of submission of the plan.

Purpose: The purpose of the regulation is to provide a streamlined process for permitting the construction or modification and operation of emergency generation sources during ISO-declared emergencies such that the emissions from the units in no way endanger the public health. The proposed general permit contains terms and conditions as may be necessary to form the legally enforceable basis for the implementation of all regulatory and statutory requirements applicable to new or modified emissions units that meet the requirements of emergency generation sources as required in § 10.1-1307.02 B of the Code of Virginia. Such sources are stationary internal combustion engines that operate according to the procedures in the ISO's emergency operations manual during an ISO-declared emergency.

Substance:

1. Definitions used in the regulation are identified.

2. General provisions are established that cover the overall basis, applicability, and general requirements of the general permit, circumvention, suspension or revocation, compliance authority, and enforcement of a general permit.

3. General permit administrative procedures are established for granting an authorization to operate under the general permit, applications for coverage under the general permit, required information for initial applications, authorization to operate, and transfer of authorization to construct and operate.

4. General permit terms and conditions are established. They include monitoring requirements, operating schedule, emissions limits for both compression ignition and spark ignition engines and for both attainment and nonattainment areas, testing requirements, recordkeeping and reporting requirements, and compliance and enforcement provisions.

Issues:

1. Public: The primary advantage to the public is a streamlined process for permitting the operation of emergency generation sources during ISO-declared emergencies. This will ensure that adequate electricity is available to commercial facilities and the citizens of Virginia during critical times when electrical demands may be significant. More stringent emission limits are established for units operating in nonattainment areas to ensure that the air quality impacts are mitigated.

2. Department: The benefit to the department will be a more efficient permitting process for emergency generation sources and a reduction in the number of permits that need to be modified or changed due to additions or changes at the facilities that are operating emergency generation sources during ISO-declared emergencies.

Summary:

Section 10.1-1307.02 B of the Code of Virginia mandates that the board develop a general permit for the use of back-up generation to authorize the construction, installation, reconstruction, modification, and operation of emergency generation sources during independent service operator (ISO) declared emergencies. It includes the definition of "emergency generation source" as a stationary internal combustion engine that operates according to the procedures in the ISO's emergency operations manual during an ISO-declared emergency. It includes emissions limits for both compression ignition (CI) and spark ignition (SI) emergency generation sources and provides more stringent emission limits for those sources operating in nonattainment areas (i.e., Northern Virginia) than for sources operating in attainment areas.

The regulation does not require any owner to apply for coverage under the general permit but provides the opportunity for an owner to apply for coverage if the source meets the requirements of the regulation.

CHAPTER 540 EMERGENCY GENERATOR GENERAL PERMIT

Part I Definitions

9VAC5-540-10. General.

A. For the purpose of applying this chapter in the context of regulations of the board and related uses, the words or terms shall have the meanings given them in 9VAC5-540-20.

B. Unless specifically defined in the Virginia Air Pollution Control Law or in this chapter, terms used shall have the meaning given them by 9VAC5-80-1110 (definitions, Permits for New and Modified Stationary Sources), 9VAC5-10-20 (general definitions, Regulations for the Control and Abatement of Air Pollution), 9VAC5-170-20 (definitions, Regulation for General Administration), or commonly ascribed to them by recognized authorities, in that order of priority.

9VAC5-540-20. Terms defined.

"Affected unit" means one or more emergency generation units subject to the provisions of this chapter.

"Aggregate rated electrical power output" means (i) the sum or total rated electrical power output for all affected units involved in the application or (ii) in nonattainment areas, the sum or total rated electrical output for all affected units, permitted or exempt, located at the facility.

"Attainment area" means any area (other than an area identified as a nonattainment area) that meets the national ambient air quality standards for any pollutant pursuant to § 107 of the federal Clean Air Act (42 USC § 7401 et seq.).

"Biodiesel fuel" means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable or animal fats, designated B100, and meeting the requirements of ASTM D6751-09.

"Biodiesel blends" means a blend of biodiesel and petroleum diesel fuel meeting either the requirements of ASTM D975-10b (blends up to 5.0%) or ASTM D7467 (blends between 6.0% and 20% biodiesel) and designated Bxx where xx represents the biodiesel content of the blend, e.g., B20 for a blend of 20% biodiesel and 80% petroleum diesel fuel.

"Compression ignition unit" or "CI unit" means a type of stationary internal combustion engine that is not a spark ignition engine.

"Demand response" means measures aimed at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. Demand response actions are typically undertaken by the source owner in response to a request from a utility or electrical grid system operator or in response to market prices.

"Diesel fuel" means any liquid obtained from the distillation of petroleum with a boiling point of approximately 150°C to 360°C and that complies with the specifications for S15 diesel fuel oil, as defined by the American Society for Testing and Materials in ASTM D975-10b.

"Emergency" means a condition that arises from sudden and reasonably unforeseeable events where the primary energy or power source is disrupted or disconnected due to conditions beyond the control of an owner of a source including any of the following:

1. A failure of the electrical grid.

2. On-site disaster or equipment failure.

3. Public service emergencies such as flood, fire, natural disaster, or severe weather conditions.

4. An ISO-declared emergency, where an ISO emergency is any of the following:

a. An abnormal system condition requiring manual or automatic action to maintain system frequency, to prevent loss of firm load, equipment damage, or tripping of system elements that could adversely affect the reliability of an electric system or the safety of persons or property.

b. Capacity deficiency or capacity excess conditions.

c. A fuel shortage requiring departure from normal operating procedures in order to minimize the use of such scarce fuel.

d. Abnormal natural events or man-made threats that would require conservative operations to posture the system in a more reliable state.

e. An abnormal event external to the ISO service territory that may require ISO action.

"Emergency generation unit or source" means a stationary internal combustion engine that operates only during an emergency, required maintenance, or operability and emissions testing.

"General permit" means, for an emergency generation unit, the terms and conditions in Part IV (9VAC5-540-140 et seq.) of this chapter that meet the requirements of Part II (9VAC5-540-30 et seq.) and Part III (9VAC5-540-90 et seq.) of this chapter and issued under the provisions of 9VAC5-80-1250.

"Integration operational period" means that period of time beginning with the first time the affected unit is started on-site and ending when the affected unit is fully integrated with the source's electrical system. In no case shall this period exceed 30 days.

"ISO-declared emergency" means a condition that exists when the independent system operator, as defined in § 56-576 of the Code of Virginia, notifies electric utilities that an emergency exists or may occur and that complies with the definition of "emergency" adopted by the board.

"Load curtailment" means an action similar to demand response, with the specific removal or reduction of electrical loads for a limited period of time from a utility grid system in response to a request from the utility or electrical grid system operator.

"Major new source review (major NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 112, 165, and 173 of the federal Clean Air Act (42 USC §§ 7401 et seq.) and associated regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II (Permit Procedures) of 9VAC5-80 (Permits for Stationary Sources.

"Manufacturer certified emissions" means the emission levels from a stationary compression ignition engine as identified according to the manufacturers' specifications applicable to that engine's family and model year.

"Model year" means either (i) the calendar year in which the engine was originally produced or (ii) the annual new model production period of the engine manufacturer if it is different than the calendar year. This must include January 1 of the calendar year for which the model year is named. It may not begin before January 2 of the previous calendar year and it must end by December 31 of the named calendar year. For an engine that is converted to a stationary engine after being placed into service as a nonroad or other nonstationary engine, model year means the calendar year or new model production period in which the engine was originally produced.

"Nonattainment area" means any area that does not meet the national ambient air quality standards for any pollutant pursuant to § 107 of the federal Clean Air Act (42 USC § 7401 et seq.) and listed in 9VAC5-20-204.

"Operation" means the burning of fuel regardless of whether electricity is generated.

"Peak shaving" means measures aimed solely at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. Peak shaving is typically undertaken at a source owner's discretion in order to reduce maximum electrical usage and, therefore, cost of electrical service to the source owner.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations:

1. For ambient air quality standards in 9VAC5-30 (Ambient Air Quality Standards): the applicable appendix of 40 CFR Part 50 or any method that has been designated as a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16;

2. For emission standards in 9VAC5-40 (Existing Stationary Sources) and 9VAC5-50 (New and Modified Stationary Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part 60; or

3. For emission standards in 9VAC5-60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63.

"Spark ignition unit" or "SI unit" means a natural gas or liquefied petroleum gas fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Dual-fuel engines in which a liquid fuel (typically diesel fuel) is used for compression ignition and gaseous fuel (typically natural gas) is used as the primary fuel at an annual average ratio of less than 2 parts diesel fuel to 100 parts total fuel on an energy equivalent basis are spark ignition engines.

"Startup" means the date on which each affected unit completes the integration operational period, unless an extension for start-up notification as stated in subdivision 4 of 9VAC5-540-210 is approved by the department. An extension request must be submitted seven days prior to the end of the 30-day integration operational period.

"Virginia Air Pollution Control Law" means Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1 of the Code of Virginia.

Part II General Provisions

9VAC5-540-30. Basis.

This general permit is being issued under the authority of § 10.1-1308 of the Code of Virginia and 9VAC5-80-1250.

9VAC5-540-40. Applicability.

A. This chapter applies to each affected unit (i) for which construction, modification, or operation is commenced on or after [insert effective date of this chapter]; (ii) that does not meet the permit exemption thresholds of 9VAC5-80-1105 B 2 b, 9VAC5-80-1105 C 1, or 9VAC5-1105 D 1; and (iii) that meets the requirements stated below:

1. For CI units, located in an attainment area with an aggregate rated electrical power output identified in Table I below:

Table I Aggregate Rated Electrical Power Output For CI Units in an Attainment Area

Affected Unit Size kW (bhp)

With a Displacement of: (liters/cylinder)

With a Model Year of:

x ≤ 6,906 (9,261)

Less than 10

2010

x ≤ 8,472 (11,361)

Less than 10

2011+

x ≤ 8,146 (10,924)

10.0 ≤ x < 15.0

2010+

2. For CI units, located in a nonattainment area with an aggregate rated electrical power output identified in Table II:

Table II Aggregate Rated Electrical Power Output For CI Units in a Nonattainment Area

Affected Unit Size kW (bhp)

With a Displacement of: (liters/cylinder)

With a Model Year of:

x ≤ 3,850 (5,163)

Less than 10

2010

x ≤ 4,722 (6,332)

Less than 10

2011+

x ≤ 4,540 (6,088)

10.0 ≤ x < 15.0

2010+

3. For SI units located in an attainment area with an aggregate rated electrical power output less than or equal to 23,535 kW (31,560 bhp).

4. For SI units located in a nonattainment area with an aggregate rated electrical power output less than or equal to 13,115 kW (17,587 bhp).

B. This chapter applies throughout the Commonwealth of Virginia.

C. The following affected unit or units shall not be eligible for this general permit:

1. Any affected unit that is subject to the provisions of the major new source review program as defined in this chapter.

2. Any affected unit that operates during nonemergency conditions for purposes other than required maintenance and operability testing (including but not limited to peak shaving, demand response, or as part of any other interruptible power supply arrangement with a power provider, other market participant, or system operator).

9VAC5-540-50. General.

A. Any owner requesting authority to operate an affected unit shall comply with the requirements of 9VAC5-80 (Permits for Stationary Sources) and register with the department as required under 9VAC5-20-160.

B. The existence of a permit under this chapter shall not constitute a defense of a violation of the Virginia Air Pollution Control Law or the regulations of the board and shall not relieve any owner of the responsibility to comply with any applicable regulations, laws, ordinances, and orders of the governmental entities having jurisdiction.

C. Upon request of the department, the owner shall reduce the level of operation or shut down an affected unit as necessary to avoid violating any primary ambient air quality standard and shall not return to normal operation until such time as the ambient air quality standard will not be violated.

D. This general permit to construct or modify each affected unit shall become invalid, unless an extension is granted by the department, if:

1. A program of continuous construction or modification is not commenced within 18 months from the date that this general permit is issued to the owner; or

2. A program of construction or modification is discontinued for a period of 18 months or more or is not completed within a reasonable time, except for a department-approved period between phases of a phased construction project.

E. At all times, including periods of startup, shutdown, and malfunction, the owner shall, to the extent practicable, maintain and operate the affected unit, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions.

F. The owner shall develop a maintenance schedule and maintain records of all scheduled and nonscheduled maintenance.

G. The owner shall have available written operating procedures for equipment. These procedures shall be based on the manufacturer's recommendations, at a minimum.

H. The owner shall train operators in the proper operation of all such equipment and familiarize the operators with the written operating procedures prior to their first operation of such equipment. The owner shall maintain records of the training provided including the names of trainees, the date of training, and the nature of the training.

I. Records of maintenance and training shall be maintained on-site for a period of five years and shall be made available to department personnel upon request. If the site is remotely operated, the maintenance and training records may be kept off-site but shall be made available to the department within three business days of a department request.

J. The owner shall keep a copy of this general permit on the premises of the affected unit to which it applies

9VAC5-540-60. Circumvention, suspension, or revocation.

A. No owner shall cause or permit the installation or use of any device or any means that, without resulting in reduction in the total amount of air pollutants emitted, conceals or dilutes an emission of air pollutants that would otherwise violate this chapter.

B. This general permit may be suspended or revoked if the owner:

1. Knowingly makes material misstatements in the general permit application or any amendments to it.

2. Fails to comply with the conditions of this general permit.

3. Fails to comply with any emission standards applicable to an affected unit.

4. Causes emissions from the stationary source that result in violations of, or interfere with the attainment and maintenance of, any ambient air quality standard.

5. Fails to operate in conformance with any applicable control strategy, including any emission standards or emission limitations, or applicable regulations of the board in effect at the time an application for this general permit is submitted.

9VAC5-540-70. Compliance.

A. Whenever it is necessary for the purpose of the regulations of the board, the board or an agent authorized by the board may at reasonable times enter an establishment or upon property, public or private, for the purpose of obtaining information or conducting surveys or investigations as authorized by § 10.1-1315 or 46.2-1187.1 of the Code of Virginia.

B. The time for inspection shall be deemed reasonable during regular business hours or whenever the source is in operation. Nothing contained herein shall make an inspection time unreasonable during an emergency.

C. Upon presentation of credentials and other documents as may be required by law, the owner shall allow the department to perform the following:

1. Enter upon the premises where the source is located or emissions-related activity is conducted, or where records must be kept under the terms and conditions of this general permit.

2. Have access to and copy, at reasonable times, any records that must be kept under the terms and conditions of this general permit.

3. Inspect at reasonable times any facilities, equipment (including monitoring equipment), practices, or operations regulated or required under this general permit.

4. Sample or monitor at reasonable times substances or parameters for the purpose of ensuring compliance with this general permit or applicable requirements.

9VAC5-540-80. Enforcement of a general permit.

A. The following general requirements apply:

1. Pursuant to § 10.1-1322 of the Virginia Air Pollution Control Law, failure to comply with any term or condition of the general permit shall be considered a violation of the Virginia Air Pollution Control Law.

2. An owner who (i) violates or fails, neglects, or refuses to obey any provision of this chapter or the Virginia Air Pollution Control Law, any applicable requirement, or any permit term or condition; (ii) knowingly makes any false statement, representation, or certification in any form, in any notice or report required by a general permit; or (iii) knowingly renders inaccurate any required monitoring device or method shall be subject to the provisions of §§ 10.1-1307, 10.1-1309, 10.1-1316, 10.1-1318, and 10.1-1320 of the Virginia Air Pollution Control Law.

B. Violation of this general permit is subject to the enforcement provisions including, but not limited to, those contained in 9VAC5-170 (Regulation for General Administration) and §§ 10.1-1309, 10.1-1309.1, 10.1-1311, and 10.1-1316 of the Virginia Air Pollution Control Law.

C. If any condition, requirement, or portion of this general permit is held invalid or inapplicable under any circumstance, such invalidity or inapplicability shall not affect or impair the remaining conditions, requirements, or portions of this general permit.

D. The owner shall comply with all conditions of this general permit. Any noncompliance with this general permit constitutes a violation of the Virginia Air Pollution Control Law and is grounds for (i) enforcement action or (ii) suspension or revocation of the authorization to operate under this general permit.

E. It shall not be a defense for an owner in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this general permit.

F. The authorization to operate under this general permit may be suspended or revoked for cause as specified in 9VAC5-530-80. The filing by an owner of a (i) request for reauthorization to operate under this general permit or (ii) notification of termination, planned changes, or anticipated noncompliance does not stay any condition of this general permit.

G. This general permit does not convey any property rights of any sort or any exclusive privilege.

H. Within 30 days of notification, the owner shall furnish to the department any information that the department may request in writing to determine whether cause exists for suspending or revoking the authorization to operate under this general permit or to determine compliance with this general permit. Upon request, the owner shall also furnish to the department copies of records required to be kept by this general permit and, for information claimed to be confidential, the owner shall furnish such records to the department along with a claim of confidentiality meeting the requirements of 9VAC5-170-60.

Part III General Permit Administrative Procedures

9VAC5-540-90. Requirements for granting an authorization to operate under the general permit.

A. The department may grant an authorization to operate under the general permit for an affected unit that meets the applicability criteria in 9VAC5-540-40 and the operating limitations in 9VAC5-540-170.

B. The general permit will be issued in accordance with § 2.2-4006 A 8 of the Administrative Process Act.

9VAC5-540-100. Applications for coverage under the general permit.

A. The application for an affected unit shall meet the requirements of this chapter and include all information necessary to determine qualification for and to ensure compliance with the general permit.

B. Any application form, report, compliance certification, or other document required to be submitted to the department under this chapter shall meet the requirements of 9VAC5-20-230.

C. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in an application, upon becoming aware of such failure or incorrect submittal, shall promptly submit such supplementary facts or corrected information.

9VAC5-540-110. Required information for initial applications.

A. The department will make application forms available to applicants. The information required by this section shall be determined and submitted according to procedures and methods acceptable to the department.

B. Each initial application for coverage under the general permit shall include, but not be limited to, the following:

1. Information specified in the appropriate air permit application form for an affected unit as determined by the regional office.

2. A document certification signed by a responsible official.

9VAC5-540-120. Granting an authorization to operate under the general permit.

A. The department may grant authorization to operate under the conditions and terms of the general permit to sources that meet the applicability criteria set forth in 9VAC5-540-40.

B. Granting an authorization to operate under the general permit to an affected unit covered by the general permit is not subject to the public participation procedures of 9VAC5-80-1170.

9VAC5-540-130. Transfer of authorizations to operate under the general permit.

A. No person shall transfer an authorization to operate under the general permit from one affected unit to another or from one piece of equipment to another.

B. In the case of a transfer of ownership of an affected unit, the new owner shall comply with any permit issued or authorization to operate under the general permit granted to the previous owner. The new owner shall notify the department of the change in ownership within 30 days of the transfer.

C. In the case of a name change of an affected unit, the owner shall comply with any permit issued or authorization to operate under the general permit granted under the previous source name. The owner shall notify the department of the change in source name within 30 days of the name change.

Part IV General Permit Terms and Conditions

9VAC5-540-140. General permit.

A. Any owner whose application is approved by the director shall receive the following general permit and shall comply with the requirements in it and be subject to all requirements of this chapter and the regulations of the board.

B. In compliance with the provisions of the Virginia Air Pollution Control Law and regulations adopted pursuant to it, owners of affected units are authorized to operate under the authority of this general permit, except those where board regulations or policies prohibit such operation.

A. The owner is authorized to operate an affected unit located within the boundaries of the Commonwealth of Virginia in accordance with the approved permit application and conditions of this general permit except where board regulations or policies prohibit such activities.

B. The owner shall comply with the terms and conditions of this general permit prior to commencing any physical or operational change or activity that will result in making the source subject to the new source review program.

9VAC5-540-160. Monitoring requirements.

A. The owner shall install and use a nonresettable hour metering device to monitor the operating hours for each affected unit, calculated monthly as the sum of each consecutive 12-month period.

B. Each monitoring device shall be installed, maintained, calibrated, and operated in accordance with approved procedures, which shall include, as a minimum, the manufacturer's written requirements or recommendations.

C. The hour meter used to continuously measure the hours of operation for each affected unit shall be observed by the owner with a frequency of not less than once per month. The owner shall keep a log of the observations from the hour meter.

9VAC5-540-170. Operating limits.

A. Each affected unit located in an attainment area shall not operate more than 450 hours per year, calculated monthly as the sum of each consecutive 12-month period.

1. Compliance for the consecutive 12-month period shall be demonstrated monthly by adding the total for the most recently completed calendar month to the individual monthly totals for the preceding 11 months.

2. Total emissions for any consecutive 12-month period, calculated as the sum of all emissions from operations under this condition, shall not exceed the limits stated in of 9VAC5-540-180 F.

B. Each affected unit located in a nonattainment area shall not operate more than 500 hours per year, calculated monthly as the sum of each consecutive 12-month period.

1. Compliance for the consecutive 12-month period shall be demonstrated monthly by adding the total for the most recently completed calendar month to the individual monthly totals for the preceding 11 months.

2. Total emissions for any consecutive 12-month period, calculated as the sum of all emissions from operations under this condition, shall not exceed the limits stated in 9VAC5-540-180 F.

C. The approved fuels for each CI affected unit are diesel fuel, biodiesel fuel, and biodiesel blends. These fuels shall meet the following specifications:

D. The approved fuels for each SI affected unit are natural gas and liquid petroleum gas (LPG). These fuels shall meet the following specifications.

1. Natural gas with a minimum heat content of 1,000 Btu/scf HHV as determined by ASTM D1826-94 (Reapproved 2010), ASTM D4809-09a, or an equivalent method approved by the department.

2. LPG, including butane and propane, that meets ASTM D1835-05, or an equivalent method approved by the department.

E. For affected units using diesel fuel or biodiesel fuel, the owner shall obtain a certification from the fuel supplier with each shipment of diesel fuel or biodiesel fuel. Each fuel supplier certification shall include the following:

1. The name of the fuel supplier.

2. The date on which the diesel fuel or biodiesel was received.

3. The quantity of diesel fuel or biodiesel delivered in the shipment.

4. A statement that the diesel fuel complies with the American Society for Testing and Materials specifications (ASTM D975-10b) for S15 fuel oil.

5. A statement that the biodiesel fuel complies with the American Society for Testing and Materials specifications (ASTM D6751-09), and

6. The sulfur content of the diesel fuel or biodiesel fuel.

9VAC5-540-180. Emissions limits.

A. Manufacturer certified emissions of each CI affected unit located in an attainment area shall not exceed the limits specified in Table III.

Table III Emissions Limits for CI Units Located in Attainment Areas

Generator Size (kW)

Displacement liters/cylinder

Model Year

Emission Limits g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

x < 8 kW

Less than 10

2010+

0.4

0.4

0.4

8.0

7.5*

(x < 11 bhp)

(0.30)

(0.30)

(0.30)

(6.0)

(5.6*)

8 kW ≤ x < 19 kW

Less than 10

2010+

0.4

0.4

0.4

6.6

7.5*

(11 bhp ≤ x < 25 bhp)

(0.30)

(0.30)

(0.30)

(4.9)

(5.6*)

19 kW ≤ x < 37 kW

Less than 10

2010+

0.3

0.3

0.3

5.5

7.5*

(25 bhp ≤ x < 50 bhp)

(0.22)

(0.22)

(0.22)

(4.1)

(5.6*)

37 kW ≤ x < 75 kW

Less than 10

2010+

0.4

0.4

0.4

5.0

4.7*

(50 bhp ≤ x < 100 bhp)

(0.30)

(0.30)

(0.30)

(3.7)

(3.5*)

75 kW ≤ x < 130 kW

Less than 10

2010+

0.3

0.3

0.3

5.0

4.0*

(100 bhp ≤ x < 174 bhp)

(0.22)

(0.22)

(0.22)

(3.7)

(3.0*)

130 kW ≤ x < 560 kW

Less than 10

2010+

0.2

0.2

0.2

3.5

4.0*

(174 bhp ≤ x < 751 bhp)

(0.15)

(0.15)

(0.15)

(2.6)

(3.0*)

560 kW ≤ x < 2,237 kW

Less than 10

2010+

0.2

0.2

0.2

3.5

6.4*

(751 bhp ≤ x < 3,000 bhp)

(0.15)

(0.15)

(0.15)

(2.6)

(4.8*)

x ≥ 2,237 kW

Less than 10

2010

0.54

0.54

0.54

11.4

1.3

9.2

(x ≥ 3,000 bhp)

(0.40)

(0.40)

(0.40)

(8.5)

(1.0)

(6.9)

2011+

0.2

0.2

0.2

3.5

6.4*

(0.15)

(0.15)

(0.15)

(2.6)

(4.8*)

x ≥ 2,237 kW

10.0 ≤ x < 15.0

2010+

0.27

0.27

0.27

5.0

7.8*

(x ≥ 3,000 bhp)

(0.20)

(0.20)

(0.20)

(3.7)

(5.8*)

*Combined limit for VOC and NOx

B. Emissions of each CI affected unit located in an attainment area during testing shall not exceed the limits specified in Table IV.

Table IV Emissions Limits for CI Units Located in Attainment Areas

Generator Size (kW)

Displacement liters/cylinder

Model Year

Emission Limits (g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

x < 8 kW

Less than 10

2010+

0.5

0.5

0.5

10.0

9.4*

(x < 11 bhp)

(0.4)

(0.4)

(0.4)

(7.5)

(7.0*)

8 kW ≤ x < 19 kW

Less than 10

2010+

0.5

0.5

0.5

8.3

9.4*

(11 bhp ≤ x < 25 bhp)

(0.4)

(0.4)

(0.4)

(6.2)

(7.0*)

19 kW ≤ x < 37 kW

Less than 10

2010+

0.38

0.38

0.38

6.9

9.4*

(25 bhp ≤ x < 50 bhp)

(0.28)

(0.28)

(0.28)

(5.1)

(7.0*)

37 kW ≤ x < 75 kW

Less than 10

2010+

0.5

0.5

0.5

6.3

5.9*

(50 bhp ≤ x < 100 bhp)

(0.4)

(0.4)

(0.4)

(4.7)

(4.4*)

75 kW ≤ x < 130 kW

Less than 10

2010+

0.38

0.38

0.38

6.3

5.0*

(100 bhp ≤ x < 174 bhp)

(0.28)

(0.28)

(0.28)

(4.7)

(3.7*)

130 kW ≤ x < 560 kW

Less than 10

2010+

0.25

0.25

0.25

4.4

5.0*

(174 bhp ≤ x < 751 bhp)

(0.19)

(0.19)

(0.19)

(3.3)

(3.7*)

560 kW ≤ x < 2,237 kW

Less than 10

2010+

0.25

0.25

0.25

4.4

8.0*

(751 bhp ≤ x < 3,000 bhp)

(0.19)

(0.19)

(0.19)

(3.3)

(6.0*)

x ≥ 2,237 kW

Less than 10

2010

0.68

0.68

0.68

14.3

1.6

11.5

(x ≥ 3,000 bhp)

(0.51)

(0.51)

(0.51)

(10.7)

(1.2)

(8.6)

2011+

0.25

0.25

0.25

4.4

8.0*

(0.19)

(0.19)

(0.19)

(3.3)

(6.0*)

x ≥ 2,237 kW

10.0 ≤ x < 15.0

2010+

0.34

0.34

0.34

6.3

9.8*

(x ≥ 3,000 bhp)

(0.25)

(0.25)

(0.25)

(4.7)

(7.3*)

*Combined limit for VOC and NOx

C. Manufacturer certified emissions of each CI affected unit located in a nonattainment attainment area shall not exceed the limits specified in Table V.

Table V Emissions Limits for CI Units Located in Nonattainment Areas

Generator Size (kW)

Displacement liters/cylinder

Model Year

Emission Limits g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

x < 8 kW

Less than 10

2010+

0.4

0.4

0.4

8.0

6.4*

(x < 11 bhp)

(0.30)

(0.30)

(0.30)

(6.0)

(4.8*)

8 kW ≤ x < 19 kW

Less than 10

2010+

0.4

0.4

0.4

6.6

6.4*

(11 bhp ≤ x < 25 bhp)

(0.30)

(0.30)

(0.30)

(4.9)

(4.8*)

19 kW ≤ x < 37 kW

Less than 10

2010+

0.3

0.3

0.3

5.5

6.4*

(25 bhp ≤ x < 50 bhp)

(0.22)

(0.22)

(0.22)

(4.1)

(4.8*)

37 kW ≤ x < 75 kW

Less than 10

2010+

0.4

0.4

0.4

5.0

4.7*

(50 bhp ≤ x < 100 bhp)

(0.30)

(0.30)

(0.30)

(3.7)

(3.5*)

75 kW ≤ x < 130 kW

Less than 10

2010+

0.3

0.3

0.3

5.0

4.0*

(100 bhp ≤ x < 174 bhp)

(0.22)

(0.22)

(0.22)

(3.7)

(3.0*)

130 kW ≤ x < 560 kW

Less than 10

2010+

0.2

0.2

0.2

3.5

4.0*

(174 bhp ≤ x < 751 bhp)

(0.15)

(0.15)

(0.15)

(2.6)

(3.0*)

560 kW ≤ x < 2,237 kW

Less than 10

2010+

0.2

0.2

0.2

3.5

6.4*

(751 bhp ≤ x < 3,000 bhp)

(0.15)

(0.15)

(0.15)

(2.6)

(4.8*)

x ≥ 2,237 kW

Less than 10

2010

0.54

0.54

0.54

11.4

1.3

6.4

(x ≥ 3,000 bhp)

(0.40)

(0.40)

(0.40)

(8.5)

(1.0)

(4.8)

2011+

0.2

0.2

0.2

3.5

6.4*

(0.15)

(0.15)

(0.15)

(2.6)

(4.8*)

x ≥ 2,237 kW

10.0 ≤ x < 15.0

2010+

0.27

0.27

0.27

5.0

6.4*

(x ≥ 3,000 bhp)

(0.20)

(0.20)

(0.20)

(3.7)

(4.8*)

*Combined limit for VOC and NOx

D. Emissions from the operation of each CI affected unit located in a nonattainment area during testing shall not exceed the limits specified in Table VI.

Table VI Emissions Limits During Testing for CI Units Located in Nonattainment Areas

Generator Size (kW)

Displacement liters/cylinder

Model Year

Emission Limits g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

x < 8 kW

Less than 10

2010+

0.5

0.5

0.5

10.0

8.0*

(x < 11 bhp)

(0.4)

(0.4)

(0.4)

(7.5)

(6.0*)

8 kW ≤ x < 19 kW

Less than 10

2010+

0.5

0.5

0.5

8.3

8.0*

(11 bhp ≤ x < 25 bhp)

(0.4)

(0.4)

(0.4)

(6.2)

(6.0*)

19 kW ≤ x < 37 kW

Less than 10

2010+

0.38

0.38

0.38

6.9

8.0*

(25 bhp ≤ x < 50 bhp)

(0.28)

(0.28)

(0.28)

(5.1)

(6.0*)

37 kW ≤ x < 75 kW

Less than 10

2010+

0.5

0.5

0.5

6.3

5.9*

(50 bhp ≤ x < 100 bhp)

(0.4)

(0.4)

(0.4)

(4.7)

(4.4*)

75 kW ≤ x < 130 kW

Less than 10

2010+

0.38

0.38

0.38

6.3

5.0*

(100 bhp ≤ x < 174 bhp)

(0.28)

(0.28)

(0.28)

(4.7)

(3.7*)

130 kW ≤ x < 560 kW

Less than 10

2010+

0.25

0.25

0.25

4.4

5.0*

(174 bhp ≤ x < 751 bhp)

(0.19)

(0.19)

(0.19)

(3.3)

(3.7*)

560 kW ≤ x < 2,237 kW

Less than 10

2010+

0.25

0.25

0.25

4.4

8.0*

(751 bhp ≤ x < 3,000 bhp)

(0.19)

(0.19)

(0.19)

(3.3)

(6.0*)

x ≥ 2,237 kW

Less than 10

2010

0.68

0.68

0.68

14.3

1.6

8.0

(x ≥ 3,000 bhp)

(0.51)

(0.51)

(0.51)

(10.7)

(1.2)

(6.0)

2011+

0.25

0.25

0.25

4.4

8.0*

(0.19)

(0.19)

(0.19)

(3.3)

(6.0*)

x ≥ 2,237 kW

10.0 ≤ x < 15.0

2010+

0.34

0.34

0.34

6.3

8.0*

(x ≥ 3,000 bhp)

(0.25)

(0.25)

(0.25)

(4.7)

(6.0*)

*Combined limit for VOC and NOx

E. Emissions from the operation of each SI affected unit shall not exceed the limits specified in Table VII.

Table VII Emissions Limits for SI Units

Model Year

Emissions Limits g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

2010+

0.015

0.015

0.015

5.3

1.3

2.7

(0.011)

(0.011)

(0.011)

(4.0)

(1.0)

(2.0)

Instead of meeting the limits stated above, the owner may meet the alternative standards below: (ppm at 15% O2)

540

86

160

F. Combined source-wide emissions from the operation of affected units shall not exceed the limits specified in Table VIII.

Table VIII Combined Source-Wide Emissions Limits for Affected Units

Pollutant

Nonattainment Area Emissions (tons/year)

Attainment Area Emissions (tons/year)

PM

1.4

2.3

PM10

1.4

2.3

PM2.5

1.4

2.3

NOX

24.4

39.4

SO2

0.5

0.5

CO

48.0

77.4

VOC

11.8

19.0

G. Visible emissions from each affected unit located in an attainment area shall not exceed 10% opacity except during one six-minute period in any one hour in which visible emissions shall not exceed 20% opacity as determined by Reference Method 9. This condition applies at all times except during startup, shutdown, and malfunction.

H. Visible emissions from each affected unit located in a nonattainment area shall not exceed 5.0% opacity except during one six-minute period in any one hour in which visible emissions shall not exceed 10% opacity as determined by the Reference Method 9. This condition applies at all times except during startup, shutdown, and malfunction.

9VAC5-540-190. Testing requirements.

Each affected unit shall be constructed, or modified and installed so as to allow for emissions testing upon reasonable notice at any time, using appropriate methods.

1. Sampling ports shall be provided when requested at the appropriate locations.

2. Safe sampling platforms and access shall be provided.

9VAC5-540-200. Recordkeeping requirements.

A. The owner shall maintain on-site records of emission data and operating parameters as necessary to demonstrate compliance with this general permit.

B. The owner shall maintain records of the occurrence and duration of any bypass, malfunction, shutdown, or failure of the source or its associated air pollution control equipment that results in excess emissions for more than one hour. Records shall include the following: (i) date, (ii) time, (iii) duration, (iv) description (affected unit, pollutant affected, cause), (v) corrective action, (vi) preventive measures taken, and (vii) name of person generating the record.

C. The content and format of such records shall be arranged with the regional office. These records shall include, but are not limited to:

1. Total annual hours of operation for each affected unit, calculated monthly as the sum of each consecutive 12-month period. Compliance for the consecutive 12-month period shall be demonstrated monthly by adding the total for the most recently completed calendar month to the individual monthly totals for the preceding 11 months.

2. Records when each affected unit is used for an ISO-declared emergency including, but not limited to, the date, cause of the emergency, the ISO-declared emergency notification, and the hours of operation.

3. Records when each affected unit is used for an emergency that is not an ISO-declared emergency including, but not limited to, the date, cause of the emergency, and the hours of operation.

6. Written manufacturer specifications or written standard operating procedures prepared by the owner for each affected unit. The written standard operating procedures prepared by the owner cannot be less stringent than the written manufacturer specifications.

D. These records shall be available for inspection by the department and shall be current for the most recent five years.

9VAC5-540-210. Reporting requirements.

The owner shall furnish written notification to the regional office of the following:

1. The actual date on which construction or modification of each affected unit commenced within 30 days after such date.

2. If necessary, the actual date on which the integration operational period of each affected unit commenced within 15 days after such date.

3. The anticipated start-up date of each affected unit postmarked not more than 60 days nor less than 30 days prior to such date.

4. The actual start-up date of each affected unit within 15 days after such date.

9VAC5-540-220. Enforcement.

A Violation of this general permit is subject to the enforcement provisions including, but not limited to, those contained in 9VAC5-170 (Regulation for General Administration) and §§ 10.1-1309, 10.1-1309.1, 10.1-1311 and 10.1-1316 of the Virginia Air Pollution Control Law.

B. If any condition, requirement or portion of this general permit is held invalid or inapplicable under any circumstance, such invalidity or inapplicability shall not affect or impair the remaining conditions, requirements, or portions of this permit.

C. The owner shall comply with all conditions of this general permit. Any noncompliance with this permit constitutes a violation of the Virginia Air Pollution Control Law and is grounds for (i) enforcement action or (ii) suspension or revocation of the authorization to operate under this permit.

D. It shall not be a defense for an owner in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this general permit.

E. The authorization to operate under this permit may be suspended or revoked for cause as specified in 9VAC5-540-80. The filing by an owner of a (i) request for reauthorization to operate under this general permit or (ii) notification of termination, planned changes, or anticipated noncompliance does not stay any condition of this general permit.

F. This general permit does not convey any property rights of any sort, or any exclusive privilege.

G. Within 30 days of notification, the owner shall furnish to the department any information that the department may request in writing to determine whether cause exists for suspending or revoking the authorization to operate under this general permit or to determine compliance with this general permit. Upon request, the owner shall also furnish to the department copies of records required to be kept by this permit and, for information claimed to be confidential, the owner shall furnish such records to the department along with a claim of confidentiality meeting the requirements of 9VAC5-170-60.

NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access the form. The form is also available through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.